Dallas DWI Nondisclosure Lawyer | Seal Your DWI Record

Can You Seal a DWI Record in Dallas?

Yes, under certain circumstances you may be able to seal your first DWI record in Dallas County through a court order called a nondisclosure. If you received deferred adjudication for your DWI and successfully completed all the terms, Texas law allows you to petition the court to seal your record from public view. This process can help you move forward without a DWI arrest and charge haunting your job applications, housing searches, and professional licensing.

A DWI on your record can close doors for years. Employers run background checks. Landlords screen tenants. Professional licensing boards scrutinize applicants. Even if your case ended favorably with deferred adjudication, that arrest record remains visible to anyone who looks. A nondisclosure changes that. It orders government agencies to seal your record from most private entities while still keeping it accessible to law enforcement and certain licensing boards.

What Is a DWI Nondisclosure in Texas?

A nondisclosure is a court order that seals certain criminal records from public access. Under Texas Government Code Chapter 411, people who successfully complete deferred adjudication probation for qualifying offenses can petition the court to seal their records. Once granted, the arrest and case information becomes hidden from most background checks conducted by employers, landlords, and the general public.

For DWI cases specifically, Texas created special nondisclosure provisions in 2017. Before that change, DWI offenses were not eligible for nondisclosure at all. Now, first-time DWI offenders who meet strict requirements can petition to seal their records, though the waiting periods and restrictions are more demanding than for other offenses.

The key word is “seal,” not “destroy.” Your record still exists. Law enforcement agencies, prosecutors, and certain government entities can still access it. Some professional licensing boards can also see sealed records. But for most practical purposes, including job applications and housing searches, a sealed record will not appear.

Who Qualifies for DWI Nondisclosure in Dallas?

Texas law sets specific requirements for DWI nondisclosure eligibility. You must meet all of them to qualify.

First, you must have received deferred adjudication for your DWI. This is different from a conviction followed by probation. With deferred adjudication, the judge does not enter a finding of guilt. Instead, the judge defers that finding while you complete probation. If you finish probation successfully, the case is dismissed. If you were convicted of DWI (even if you received probation), you are not eligible for nondisclosure.

Second, your DWI must have been a first offense. If you have any prior DWI convictions or prior deferred adjudications for DWI, you do not qualify.

Third, your blood alcohol concentration must have been below 0.15 at the time of arrest. Texas treats DWI with a BAC of 0.15 or higher as a Class A misdemeanor with enhanced penalties. If your BAC was at or above that threshold, you cannot seal the record, even if the prosecutor later reduced the charge.

Fourth, there cannot have been an accident involving another person. If your DWI arrest involved a collision with another vehicle or a pedestrian, you are disqualified.

Fifth, you must complete a waiting period after finishing probation. The length depends on whether you had an ignition interlock device installed on your vehicle.

If you want to understand how deferred adjudication works and why it matters for your eligibility, our attorneys at Varghese Summersett can review your case and explain your options. Talk to a lawyer about protecting your record by calling (214) 903-4000.

In Texas, a first-time misdemeanor DWI with a low BAC and no accident may qualify for nondisclosure (record sealing) if strict eligibility, waiting period, and no‑other‑record rules are met.

Basic Eligibility

• First-ever DWI offense (no prior DWI or other criminal convictions, except Class C fine-only traffic tickets).
• Conviction was for a misdemeanor DWI under Penal Code §49.04 (typically Class B, not Class A).
• Blood alcohol concentration (BAC) was less than 0.15.
• No accident involving another person (including passengers in your own vehicle).
• Offense was not boating while intoxicated or flying while intoxicated.

Sentence Completion

• Successfully completed the deferred period or jail time for the DWI.
• Paid all fines, court costs, fees, and any restitution.
• Complied with any ignition interlock requirements, if ordered.

Waiting Periods

• 2 years after successful completion of sentence if an ignition interlock device was ordered for at least 6 months.
• 5 years after successful completion of sentence if no ignition interlock device was ordered.

Disqualifying Factors

• Second or subsequent DWI, or any other disqualifying criminal conviction or deferred adjudication (other than fine-only traffic).
• BAC of 0.15 or higher.
• DWI involving an accident with another person.
• Certain prior violent or serious offenses (e.g., some assaults, sex‑offense‑related cases) on your record.

Key Texas DWI Nondisclosure Rules

Requirement	Simple Explanation
First DWI only	Only a first-time DWI conviction can be sealed; no prior DWI or other criminal convictions (except minor traffic tickets).
Type of offense	Must be a misdemeanor DWI under Penal Code §49.04, usually Class B, not Class A.
BAC limit	BAC must be below 0.15 at the time of the offense.
No accident	There cannot have been an accident involving another person, including any passenger.
Not boating/flying DWI	Boating while intoxicated and flying while intoxicated cannot be nondisclosed under this law.
Sentence finished	You must complete all probation or jail, and pay all fines, costs, and restitution.
Waiting period with interlock	If you had an ignition interlock for at least 6 months, you can petition 2 years after finishing the sentence.
Waiting period without interlock	If you did not have an ignition interlock, you must wait 5 years after finishing the sentence.
Other criminal history	Any prior conviction or deferred adjudication (other than fine-only traffic) can make you ineligible.
Judge’s discretion	Judge must find that granting nondisclosure is in the best interest of justice.

Waiting Periods for DWI Nondisclosure

The waiting period before you can file for DWI nondisclosure depends on whether you had an ignition interlock device as a condition of your probation.

If you had an interlock device installed for at least six months during your deferred adjudication, you can petition for nondisclosure two years after completing probation. The interlock requirement must have been court-ordered, and you must have complied with it without violations.

If you did not have an interlock device (or had one for less than six months), you must wait five years after completing probation before filing.

This distinction reflects the legislature’s view that drivers who voluntarily accept interlock supervision demonstrate responsibility and lower recidivism risk. If your attorney negotiated probation terms that waived the interlock requirement, you traded convenience during probation for a longer wait to seal your record.

During the waiting period, you must stay out of trouble. Any new criminal convictions (other than minor traffic offenses) can disqualify you from nondisclosure entirely. This includes offenses in other states.

The DWI Nondisclosure Process in Dallas County

Obtaining a nondisclosure requires filing a petition with the court that handled your original DWI case. In Dallas County, this typically means the misdemeanor court where your case was resolved. The process involves several steps and requires careful attention to legal requirements.

Your attorney will first verify your eligibility by reviewing your case records, criminal history, and the terms of your original deferred adjudication. This step is critical because filing a petition when you do not qualify wastes time, money, and can create unnecessary complications.

Next, your attorney will prepare and file the petition for nondisclosure. The petition must include specific information about your case, your compliance with probation terms, and your current circumstances. Filing fees apply, and the amount varies by county.

After filing, the prosecutor has an opportunity to object. In some cases, prosecutors agree to nondisclosure without a hearing. In others, they may raise concerns that require a court hearing. If a hearing is necessary, your attorney will present evidence and arguments supporting your petition.

The judge has discretion to grant or deny the petition, even if you meet all technical requirements. The court considers factors like your criminal history, the circumstances of your DWI, and whether granting nondisclosure is in the best interest of justice. Having an experienced Dallas DWI lawyer present your case professionally increases your chances of success.

If granted, the court issues a nondisclosure order. Copies go to the Texas Department of Public Safety, the Dallas County District Attorney, and other relevant agencies. Those agencies then seal the records from public access. The process typically takes several weeks to complete after the judge signs the order.

What DWI Nondisclosure Does and Does Not Do

Understanding the limits of nondisclosure helps you set realistic expectations. A nondisclosure is powerful, but it is not the same as an expunction.

After nondisclosure is granted, private background check companies cannot access your sealed DWI record. Most employers will not see it. Landlords will not find it. When you apply for jobs or housing, you can legally deny that the arrest occurred in most situations.

However, certain government agencies and licensing boards retain access to sealed records. If you apply for a job with a law enforcement agency, your DWI will still appear. The same applies to positions requiring security clearances, certain healthcare licenses, and jobs with school districts. Texas Government Code Section 411.0765 lists the specific entities that can still access nondisclosure records.

Additionally, if you are ever arrested for DWI again, prosecutors can use the sealed prior DWI to enhance the new charges. The nondisclosure protects you from public exposure, not from legal consequences of repeat offenses.

Nondisclosure also does not remove the administrative records from the Texas Department of Public Safety related to driver’s license suspensions. If your license was suspended following your DWI arrest, that suspension history remains on your driving record even after nondisclosure.

DWI Nondisclosure vs. Expunction: What’s the Difference?

Many people confuse nondisclosure with expunction, but they are fundamentally different remedies.

An expunction completely destroys your arrest records. After an expunction, it is as if the arrest never happened. You can legally deny the arrest under oath. The records are not just sealed; they are deleted from all databases.

However, expunction is only available when charges were dismissed, you were acquitted, or certain other specific circumstances apply. If you received deferred adjudication and completed it successfully, you cannot get an expunction for that case. The successful completion of deferred adjudication is considered a favorable outcome, but it still means the case proceeded against you.

Nondisclosure is the remedy available for completed deferred adjudication cases. It seals records from public view but does not destroy them. For DWI cases resolved through deferred adjudication, nondisclosure is typically the best outcome you can achieve.

Some clients wonder if they should have fought their case at trial instead of accepting deferred adjudication. If you had won at trial, expunction would have been available. But trials carry risk. A conviction at trial would have meant no possibility of either nondisclosure or expunction. Deferred adjudication with eventual nondisclosure is often the wisest path when the evidence is strong.

How Our Dallas DWI Lawyers Have Helped Clients

At Varghese Summersett, we handle DWI cases from arrest through nondisclosure. Our approach focuses on building the strongest possible foundation for your future, whether that means fighting the charges, negotiating favorable terms, or eventually sealing your record.

In one recent Dallas County case, our attorneys represented a client charged with DWI with a blood alcohol concentration over 0.15, a Class A misdemeanor. Through skilled negotiation, we secured a reduction to a standard Class B DWI with 15 months of deferred adjudication. By achieving the reduction below the 0.15 threshold, we preserved our client’s future eligibility for nondisclosure. Once the deferred adjudication period ends and the waiting period passes, this client will be able to petition to seal the record entirely.

Results like this require strategic thinking from the very beginning of a case. Many attorneys focus only on the immediate outcome without considering long-term consequences like nondisclosure eligibility. Our team takes a comprehensive view, understanding that the terms you accept today affect your options for years to come.

Past results do not guarantee future outcomes. Every case is different.

Disqualifying Factors for DWI Nondisclosure

Certain factors permanently disqualify you from DWI nondisclosure under Texas law. Before investing time and money in a petition, you should verify that none of these apply to your situation.

You cannot obtain nondisclosure if you have ever been convicted of or placed on deferred adjudication for any of the following offenses: any offense requiring sex offender registration, murder, capital murder, aggravated kidnapping, trafficking of persons, injury to a child, elderly individual, or disabled individual, abandoning or endangering a child, violation of a protective order, stalking, or any offense involving family violence.

You are also disqualified if you were convicted of or placed on deferred adjudication for another offense (other than a traffic offense punishable by fine only) during the waiting period. This means staying completely out of trouble from the time you complete probation until you file your nondisclosure petition.

Additionally, if your DWI involved a BAC of 0.15 or higher, you cannot obtain nondisclosure regardless of what the final charge was reduced to in court. The original arrest BAC is what matters for eligibility purposes.

What to Expect From Varghese Summersett

When you work with our Dallas office on a nondisclosure petition, you get more than just paperwork filed with the court. You get attorneys who understand how to present your case effectively and address potential objections before they become problems.

We begin with a thorough eligibility analysis. We pull your criminal history, review your original case file, and verify that you meet every requirement. If there are potential issues, we identify them upfront and discuss whether and how to proceed.

Our team prepares comprehensive petitions that address the factors judges consider when deciding whether to grant nondisclosure. We document your rehabilitation, your contributions to the community, and the reasons why sealing your record serves the interest of justice.

If the prosecutor objects or the court schedules a hearing, we appear and advocate for you. Our attorneys have handled hundreds of criminal cases in Dallas County and understand what local judges look for in nondisclosure petitions.

With more than 70 team members across four Texas offices and a track record of over 1,600 dismissals and 800 charge reductions, Varghese Summersett brings serious resources to every case. Several of our attorneys are Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential held by less than one percent of Texas attorneys.

Protect your future. Schedule a free consultation with our Dallas team by calling (214) 903-4000.

Common Questions About DWI Nondisclosure in Dallas

Can I get a nondisclosure if I was convicted of DWI?

No. Nondisclosure is only available for cases resolved through deferred adjudication, not conviction. If you were convicted and received regular probation or jail time, nondisclosure is not an option. This is why the outcome of your original case matters so much. Securing deferred adjudication preserves future options that conviction eliminates.

How long does the nondisclosure process take?

The timeline varies depending on court schedules and whether the prosecutor objects. In straightforward cases where all parties agree, the process can be completed in four to eight weeks after filing. If a hearing is required, add additional time for scheduling. Once the judge signs the order, agencies typically complete the sealing process within a few weeks.

Will my DWI show up on background checks after nondisclosure?

For most private background checks used by employers and landlords, no. The record is sealed from those searches. However, government agencies, law enforcement, and certain licensing boards can still access sealed records. If you apply for jobs in those fields, the DWI may still appear.

What happens if I get another DWI after my record is sealed?

The sealed DWI can still be used to enhance charges if you are arrested for DWI again. A second DWI is a Class A misdemeanor, and a third is a felony. The nondisclosure protects you from public disclosure, not from legal consequences of repeat offenses.

Can I file for nondisclosure myself, or do I need a lawyer?

You can technically file pro se (without an attorney), but doing so carries risks. The petition must be prepared correctly, filed in the right court, and served on the appropriate parties. If the prosecutor objects, you will need to present your case at a hearing. Mistakes can result in denial and delays. Given what is at stake, most people find the investment in experienced legal representation worthwhile.

Take Control of Your Future

A DWI arrest does not have to define the rest of your life. If you completed deferred adjudication and meet the eligibility requirements, you deserve the chance to seal that record and move forward. The attorneys at Varghese Summersett have helped hundreds of clients clear their records and reclaim their reputations.

Whether you are still waiting out your eligibility period or ready to file a petition today, we can help you understand your options and build the strongest possible case for nondisclosure. Our Dallas office is ready to review your situation and explain exactly what to expect.

Don’t let a past mistake limit your future. Call (214) 903-4000 to schedule your free consultation with a Dallas DWI nondisclosure lawyer today.